Challenges to the ACA, such as National Federation of Independent Business et al v Kathleen Sebelius and the State of Florida et al v Department of Health and Human Services argue that the entire law should be scrapped if the minimum coverage provision is invalidated.

The groups disagree, saying that even if that portion is deemed unconstitutional, the ACA should not be tossed out in its entirety. According to the brief, the ACA's provisions include decreasing unnecessary institutionalization of Medicaid beneficiaries; shrinking the so-called prescription drug “donut hole;” improved coordination for dual eligibles; and improving quality and safety in nursing homes.